Court File No.: QVI(cr

ONTARIOSUPERIOR COURT OF JUSTICE

B ET WE E N:

CHRISTOPHER JAMES KOZAKPlaintiff

- and -

CANADIAN BROADCASTING CORPORATIONDefendant

STATEMENT OF CLAIM

TO THE DEFENDANT

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU bythe plaintiff(s). The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontariolawyer acting for you must prepare a statement of defence in Form 18A prescribed bythe Rules of Civil Procedure, serve it on the plaintiff(s) lawyer,(s) or, where theplaintiff(s) does not have a lawyer, serve it on the plaintiff(s), and file it, with proof ofservice, in this court, WITHIN TWENTY DAYS after this statement of claim is servedon you, if you are served in Ontario.

If you are served in another province or territory of Canada, or in theUnited States of America, the period for serving and filing your statement of defenceis forty days. If you are served outside Canada and the United States of America, theperiod is sixty days.

Instead of serving and filing a statement of defence, you may serve andfile a notice of intent to defend in Form 18B prescribed by the Rules of CivilProcedure. This will entitle you to ten more days within which to serve and file yourstatement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BEGIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TOYOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAYLEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING ALOCAL LEGAL AID OFFICE.

IF YOU PAY THE PLAINTIFF’S CLAIM, and $5,000.00 for costs, withinthe time for serving and filing your Statement of Defence, you may move to have thisproceeding dismissed by the court. If you believe the amount claimed for costs isexcessive, you may pay the plaintiff’s claim and $400.00 for costs and have the costsassessed by the court.

TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED ifit has not been set down for trial or terminated by any means within five years afterthe action was commenced unless otherwise ordered by the court.

Date: May 10 , 2016Issued by: U)

Local Registrar

Address ofCourt Office: 393 University Avenue

101h FloorToronto, OntarioM5G 1E6

TO: Canadian Broadcasting Corporation205 Wellington Street WestToronto, OntarioM5V 3G7

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CLAIM

THE PLAINTIFF CLAIMS:

(a) $350,000 in damages for wrongful dismissal, with reference to the

following losses over a period of reasonable notice:

a. Lost employment income, including commissions; and

b. Payment in lieu of health and all other benefits or perquisites.

(b) $500,000 in aggravated or moral damages, or alternatively, damages for

the violation of the duty of good faith;

(c) $250,000 in punitive damages;

(d) Pre-judgment and post-judgment interest on all amounts found due and

owing to the Plaintiff pursuant to the Courts ofJustice Act, R.S.O. 1990, c.

C-43, as amended;

(e) The costs of this action on a substantial indemnity basis together with

HST; and

(f) Such further and other relief as counsel may advise and this Honourable

Court may deem just.

The Parties

2. The Plaintiff, (“Kozak”), is an individual residing in the Greater Toronto Area, in

the Province of Ontario.

3. The Defendant, Canadian Broadcasting Corporation (“CBC”), is a federally

incorporated company and is Canada’s national public radio and television

broadcaster. CBC maintains an office in the City of Toronto in the Province of

Ontario. CBC conducts business throughout the Province of Ontario and Canada.

Kozak’s Employment

4. As set out in further detail below, Kozak was heavily recruited by CBC to resign

from his prior long-term employment and senior role at Kraft Canada.

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5. Kozak commenced employment with CBC on October 29, 2012 in the senior role

of Director of Sales, Olympics & Sports Partnerships.

6. As a result of Kozak’s strong performance as a Director, he was promoted to the

position of Senior Director, Marketing, effective July 4, 2014, reporting to the

General Manager and Chief Revenue Officer, Jean Mongeau (“Mongeau”).

7. Kozak’s role as Senior Director was both managerial and supervisory. Kozak was

part of the small leadership team of the entire Media Division at CBC and Radio-

Canada and he was described as a “key member”.

8. Kozak’s senior responsibilities included marketing, as well as B2B, Media

Creativity and Digital Media. He managed a team of approximately 100

individuals.

9. Kozak excelled in the execution of his duties and skillfully performed his job

functions. His performance appraisals were excellent.

Kozak’s Compensation

10. In his senior role, Kozak was paid as follows:

(a) Base salary in the amount of $191,900 per annum;

(b) Commission payments amounting to approximately $75,000 per annum;

(c) Comprehensive health benefits;

(d) Pension contributions; and

(e) $7,200 annual taxable car allowance.

11. Kozak’s employment income in 2014 was $321,000 and in 2015 it was $303,000.

Kozak held a reasonable expectation of this continued level of compensation and

he pleads that he would continue to earn at least this amount moving forward,

but for his wrongful dismissal.

The Employment Terms

12. At all times, Kozak was employed pursuant to an employment agreement of

indefinite duration.

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13. At all times, it was a term of Kozak’s employment, implied by the common law,

[hat CBC would treat Kozak fairly and in good faith.

14. It was also an important implied term of Kozak’s employment that CBC would

protect him from bullying and harassment in the performance Of his job and that

it would not place him in a vulnerable position that would subject him to reprisal

or retaliation for reporting bullying and harassment.

15. As Canada’s national broadcaster, CBC has a heightened obligation to protect all

of its employees, including Kozak, from bullying, harassment and reprisal.

16. CBC’s heightened obligation to protect employees from bullying, harassment and

reprisal is also particularly relevant as a result of its actions following its

mishandling of the Jian Ghomeshi case and the ensuring workplace investigation

conducted by Janice Rubin, resulting in the “Rubin Report”. CBC published the

Rubin Report in or around April 2015 and publicly apologized to all of its

employees stating that they had a right to expect a higher standard, with respect

to harassment in the workplace.

17. The Rubin Report outlined six specific recommendations in order to ensure that

CBC meets its standard to protect employees from bullying and harassment.

These recommendations included creating procedures for reporting inappropriate

workplace behaviour and investigation of any complaints of inappropriate

behaviour.

18. CBC publicly adopted all of the recommendations from the Rubin Report.

19. CBC has either failed to implement the recommendations from the Rubin Report

or it pays only “lip service” to those recommendations. CBC’s failure to properly

implement the recommendations from the Rubin Report, and eliminate bullying

and harassment in the workplace, represents an organizational failure and

constitutes a known harm to all of its employees, including but not limited to

Kozak.

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Harassment and Complaints of Harassment

20. Commencing in late 2014, Mongeau began to harass, intimidate and bully Kozak.

Mongeau’s behaviour towards Kozak included, but was not limited to:

(a) Speaking in a condescending manner towards Kozak;

(b) Utilizing unnecessary pressure tactics around work assignments, which

knowingly created additional stressors on Kozak;

(c) Forcing Kozak to be at his “beckon call”;

(d) Engaging in disrespectful conduct towards Kozak, including forcing him

to cancel meetings with others in order to meet with him and then

cancelling that meeting;

(e) Unjustly challenging and “grilling” Kozak at one on one meetings and

deliberately putting him on the defensive;

(f) Setting and maintaining unreasonable expectations;

(g) Emphasizing Kozak’s “losses” and disregarding his “wins”;

(h) Unjustly criticising Kozak; and

(i) Deliberately micromanaging or over managing Kozak.

21. Mongeau knew that his conduct, especially at one on one meetings, was causing

Kozak extreme anxiety and distress. Mongeau’s conduct caused Kozak to

experience episodes of extreme hyperhidrosis, which was visible to Mongeau.

22. When Mongeau’s conduct led Kozak to experience episodes of extreme stress and

hyperhidrosis, he would take out a box of Kleenex and tell Kozak that he needed

it, which was both humiliating and particularly disrespectful.

23. Mongeau holds a key executive role at CBC and he is well connected to other

CBC executives. Mongeau was in a position to confer and or deny employment

benefits to Kozak and Kozak was vulnerable in his reporting relationship to

Mongeau.

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24. Kozak’s employment became intolerable as a result of Mongeau’s behaviour

towards him. On February 18 and 19, 2015, Kozak complained to CBC’s Chief

Business Officer, Mr. Neil McEneany, who directed Kozak to speak with

individuals in CBC’s Human Resources Department.

25. On February 20, 2015, Kozak first complained to CBC’s Human Resources

Department regarding Mongeau’s behaviour towards him. Kozak spoke with Ms.

Julia Evans and Ms. Serena Thadani-Anthony, who was the acting Director of

Human Resources at CBC, and reported his concerns.

26. Kozak asked CBC’s human resources representatives to provide him with

assistance and guidance to alleviate Mongeau’s inappropriate treatment of him

and protect him from further bullying, harassment and or reprisal for

complaining.

27. Kozak was told in no uncertain terms that Mongeau’s inappropriate behaviour

was well known throughout CBC and that CBC was “working on it”.

28. Kozak was also led to understand that CBC’s Executive Vice President, Ms.

Heather Conway (“Conway”), was involved in attempting to remedy Mongeau’s

behaviour and that she spoke with Mongeau about his conduct towards him.

29. Following Conway’s discussions with Mongeau, he apologized to Kozak about his

behaviour. Notwithstanding his apology, his behaviour did not change and CBC

did nothing further to prevent it, despite its organizational awareness of the

problem. V

30. In fact, CBC has received numerous other employee complains about Mongeau,

including many made at the time of exit interviews when others felt more

comfortable coming forward with concerns. As an organization, CBC was fully

aware that Mongeau may act inappropriately towards employees and in light of

this, it held an enhanced obligation to remedy the behaviour and not let it go

unchecked.

31. Despite being fully aware of Mongeau’s treatment of Kozak and his general

disposition towards bullying and harassment, Kozak was not protected by CBC,

in violation of the key terms of his employment, CBC’s stated mandate to protect

its employees from bullying and harassment, and the common law.

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32. In particular, CBC knew or ought to have known that it was required to:

(a) Conduct a full and impartial investigation into Kozak’s complaints;

(b) Put appropriate measures into place to protect Kozak from further

instances of harassment and bullying;

(c) Put appropriate measures in place to protect Kozak from reprisal or the

threat of reprisal; and

(d) Ensure that appropriate measures were taken to eliminate all forms of

bullying and harassment towards others, not just Kozak.

33. CBC held enhanced legal obligations towards Kozak given its organizational

understanding that Mongeau acted inappropriately towards Kozak and others.

34. CBC failed in its legal obligations towards Kozak and, in doing so, it permitted or

otherwise condoned Mongeau’s actions towards him.

35. CBC further failed in its stated mandate pursuant to the recommendations

outlined in the Rubin Report.

36. As a result of CBC’s organizational failure to protect Kozak from bullying and

harassment, Mongeau’s inappropriate behaviour towards him escalated, as he

engaged in reprisal.

37. CBC made Mongeau aware of Kozak’s complaints but failed or was otherwise

unable to put proper safeguards in place to prevent Mongeau from engaging in

reprisal against him for making those complaints.

38. As a result of CBC’s failure to protect Kozak, he suffered from extreme anxiety,

stress and depression and he contracted Shingles. Kozak attributes contracting

Shingles directly with Mongeau’s behaviour and CBC’s inability to prevent it.

Termination of Employment and Reprisal

39. In April 2016, in yet another instance of bullying and harassment, Mongeau

forwarded an email that was written by Kozak to others, in a manner that

embarrassed Kozak in front of his team. As a result, Kozak again reported this

behaviour to CBC’s Human Resources Department, who by this time, were well

aware of Kozak’s concerns and complaints.

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40. In a discussion with Kozak in early April 2016, CBC’s human resources

representatives validated his concerns regarding Mongeau’s behaviour and the

most recent incident identified above.

41. However, instead of taking steps to protect Kozak from further bullying,

harassment or reprisal, CBC’s human resources representatives told Kozak to

discuss the matter with Mongeau directly and that they would do the same.

42. CBC’s human resources representatives spoke to Mongeau about Kozak’s

complaints.

43. Kozak was next invited to a meeting to discuss his annual performance appraisal.

However, Kozak was ambushed and the meeting was instead to inform Kozak of

his termination.

44. Mongeau was present at the meeting and delivered the letter of termination to

Kozak. Mongeau told Kozak that “it’s over”. Mongeau was aggressive towards

Kozak and visibly angry.

45. CBC’s behaviour in misleading Kozak at the time of his termination was

particularly humiliating and caused Kozak further stress and anxiety at a time

when he was otherwise vulnerable.

46. CBC also knew or ought to have known that having Mongeau carry out the

termination was inappropriate and harmful.

47. Kozak was told that his termination was due to restructuring. Kozak holds CBC

to the strict proof of this allegation and claims that it is merely a pretext. Rather,

Kozak was the only employee in the department that was terminated.

48. Further, CBC did not eliminate Kozak’s role or senior responsibilities. It moved a

contractor into his position on a full-time basis.

49. Prior to Kozak’s termination, his performance was excellent and, in fact, he was

specifically commended by CBC for an award it won as a result of his recent

efforts.

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50. Kozak states, and the fact is, that his termination was directly in reprisal for hiscomplaints against Mongeau and that CBC was either unable to address

allegations of bullying and harassment in the workplace, or it chose to support a

senior leader who bullied him, rather than address those complaints.

Aggravated, Moral or Punitive Damages

51. CBC violated the implied terms of Kozak’s employment and the common law asfollows:

(a) Terminating his employment in reprisal for complaints of bullying andharassment;

(b) Failing to appropriately address allegations of workplace bullying andharassment;

(c) Allowing Mongeau’s behaviour towards Kozak to go “unchecked” despiteorganizational awareness of a problem;

(d) Misleading Kozak at the time of his termination; and

(e) Failing to act in good faith towards Kozak.

52. CBC’s actions as described above have caused and will continue to cause Kozakconsiderable mental anguish and distress and an extended period ofunemployment.

53. CBC’s actions merit an award of aggravated, moral damages or damages in order

to compensate Kozak for his mistreatment.

54. Additionally, Kozak is entitled to punitive damages to act as a deterrent against

such conduct in the future.

Inducement

55. Kozak was heavily recruited by CBC and in particular, it’s General Manager Mr.Alan Dark, to leave his prior employment at Kraft Canada, where he was securelyemployed for a continuous period of 8 years.

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56. Kozak knew Mr. Dark through his work at Kraft Canada and the level of

recruitment involved went beyond the normal persuasion involved in a hiring

process.

57. Kozak was reluctant toleave his secure employment and careertrajectory at Kraft

Canada but was induced by CBC through a significantly greater compensation

package, including a signing bonus, as well as, the opportunity to build an

international profile with Canada’s national broadcaster, among other things.

58. But for CBC’s inducements, Kozak would have remained employed at Kraft

Canada.

59. For the purpose of calculating his tenure with CBC, Kozak is entitled to credit for

time employed by Kraft Canada.

Pay in Lieu of Reasonable Notice

60. At the time of his termination, CBC failed or refused to provide Kozak with

reasonable notice of his termination or a payment in lieu thereof, with reference

to his total annual compensation.

61. Kozak is entitled to damages equal to 12 months’ payment in lieu of notice of his

termination, with reference to his total annual compensation package. In support

of this claim, Kozak relies on the following factors:

(a) His nearly 4 years of employment with CBC and 8 years of employment

with Kraft Canada;

(b) His senior leadership role;

(c) The specialized nature of his work as well as that of his skills and training;

(d) The lack of suitable alternate employment, and in particular, the difficulty

in replacing his role; and

(e) Relevant precedents.

Costs

62. For the above reasons, Kozak pleads that this action be granted with costs

payable on a substantial indemnity basis.

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The Plaintiff proposes that this action be tried in the City of Toronto.

Dateoflssue:May /0. ,2016

Whitten & LublinEmployment Lawyers141 Adelaide Street WestSuite 600Toronto, ON M5H 3L5

Daniel A. LublinLSUC# 51549F

Tel: (416) 640-2667Fax: (416) 644-5198

Lawyers for the Plaintiff

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